Savings, Building & Loan Ass'n v. Tartt

Citations

• 81 Miss. 276

Syllabus

<p>1. Guardian and Ward. Surety on guardian's bond. Death of surety. Limitation. Code 1892, <i 1933. Probate of claim.</p> <p>The liability of a surety on a g-uardian’s bond is not a probatable claim against the estate of a deceased surety, and is not barred by any statute of limitations relating to the probate of claims against estate of decedents (code 1892, <¡ 1933).</p> <p>2. Same. Liability of deceased, surety’s land. Code 1880, <¡2025; code 1892, 11881.</p> <p>The liability of a surety on a guardian’s bond is a debt within the statute (code 1880, <¡2025; code 1892, <¡ 1881) providing that the lands of a decedent’s estate shall be chargeable with his debts, over and above what his personal estate may be sufficient to pay.</p> <p>3. Same. Caveat emptor. Innocent purchaser.</p> <p>Persons who buy land from the heirs of a deceased surety on a duly recorded guardian’s bond are not innocent purchasers. They buy caveat emptor and with constructive notice of the liability of the land in ease the decedent’s, personal estate be insufficient to pay his debts.</p>